Nakuru Activist Seeks Law To Allow Citizen Recall President, Governors

By Suleiman Mbatiah

A petition seeking to grant citizens the power to directly recall the President and Governors has received a major boost after the Clerk of the Senate forwarded it to the relevant committee for consideration.

In a letter dated February 12, 2026, Clerk of the Senate Jeremiah Nyegenye confirmed that the petition by Nakuru-based activist Laban Omusundi had met the legal threshold and was formally before the House.

“Having reviewed the Petition in line with the Senate Standing Orders, this is to advise that the Petition was found compliant to Section 3 of the Petition to Parliament (Procedure) Act and Senate Standing Order 235 on the form of a Public Petition,” Nyegenye stated.

The petition was presented in the Senate on Thursday, last week, by the Speaker and subsequently committed to the Standing Committee on Justice, Legal Affairs and Human Rights for action.

Omusundi’s petition, dated September 1, 2025, asks the Senate to initiate legislation establishing a clear procedure for citizen-initiated recall of the President, Deputy President, Governors and Deputy Governors.

In the document addressed to the Senate, cites Article 119 of the Constitution, which allows any person to petition Parliament on matters within its mandate, invoking his sovereign authority under Article 1.

In the petition, he argues that, although the Constitution provides for impeachment of the President, Deputy President and Governors under Articles 145, 150 and 181, the current removal mechanisms depend entirely on legislative bodies.

Omusundi contends that such bodies may, in certain instances, be compromised or decline to act, thereby frustrating accountability where there are allegations of gross misconduct or constitutional violations.

“THAT there is currently NO express mechanism for citizen-initiated recall of the President, Deputy President, Governor and Deputy Governor where the respective Assemblies fail to act in circumstances of gross misconduct, violation of the Constitution, or abuse of office,” he states in the petition.

He describes the absence of a recall framework as a constitutional gap that undermines the principle of popular sovereignty and national values under Article 10.

Under the reliefs sought, Omusundi urges the Senate to affirm that sovereign power under Article 1 includes the right of citizens to directly recall elected leaders in appropriate circumstances.

He further urges Parliament to initiate legislation under Articles 119, 261 and 94 to establish a citizen-driven recall mechanism, including clear grounds aligned with existing impeachment provisions and a verified petition process.

He says the proposed law should contain safeguards to prevent abuse of the recall process, including clear signature thresholds, strict timelines, and verification procedures to ensure accountability and protect against frivolous attempts.

“Direct citizen recall would restore the sovereignty of the people, reinforce accountability, and operationalize participatory democracy,” Omusundi states, arguing that sovereignty remains incomplete without a mechanism for citizens to remove top leaders when institutions fail.

Omusundi, a painter by profession, describes himself as “an Active Citizen based in Nakuru City aka the Serial Petitioner,” citing his record of filing public interest petitions before Parliament and County Assemblies and Governments.

Under the Senate Standing Orders, once a petition is found compliant, it is committed to the relevant committee for consideration. The committee may invite public submissions before tabling its report in the House within stipulated timelines.

The Justice and Legal Affairs Committee will now examine whether to recommend legislative action to create a recall framework or propose alternative measures within the existing constitutional structure.

Any move to introduce recall of the President would likely trigger debate on the balance between representative democracy and direct citizen participation, given the detailed impeachment procedures already set out in the Constitution.